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BILL AS INTRODUCED 2007-2008

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H.608

Introduced by   Representative Chen of Mendon

Referred to Committee on

Date:

Subject:  Labor; industrial homeworkers; unemployment compensation; independent contractors

Statement of purpose:  This bill proposes to clarify that industrial homeworkers who are in substantial compliance with the ABC test shall be considered independent contractors for the purposes of unemployment compensation.

AN ACT RELATING TO CLARIFYING THAT SOME HOMEWORKERS ARE INDEPENDENT CONTRACTORS

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1.  21 V.S.A. § 1301(6)(B) is amended to read:

(B)  Services performed by an individual for wages shall be deemed to be employment subject to this chapter unless and until it is shown to the satisfaction of the commissioner that:

(i)  Such individual has been and will continue to be free from control or direction over the performance of such services, both under his the contract of service and in fact; and

(ii)  Such service is either outside the usual course of the business for which such service is performed, or that such service is performed outside of all the places of business of the enterprise for which such service is performed; and

(iii)  Such individual is customarily engaged in an independently established trade, occupation, profession, or business.  An industrial homeworker, as defined at 29 CFR § 516.31, shall be presumed to be engaged in an independently established trade, occupation, profession, or business provided that the homeworker is in compliance with subdivisions (i) and (ii) of this subdivision (6)(B) and is available to perform the same services for others, whether or not the homeworker actually performs those services for others or actively markets himself or herself to perform those services for others.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us